Anandhi Samidurai v. Padmavathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Anandhi Samidurai.

.. Petitioner /versus/ Padmavathy.

.. Respondent Prayer : Criminal Revision Case is filed under Section 397 & 401 of Cr.P.C., to set aside the judgment dated 07.12.2021 in Crl.A.No.66 of 2018, on the file of III Additional District and Sessions Judge, Coimbatore, confirming the conviction and sentence in the judgment dated 24.03.2016 made in Coimbatore.

For Petitioner ... Mr.W.Camyles Gandhi For Respondent ... Ms.R.Pushpalatha, for Mr.C.Deivasigamani.

O R D E R

This Criminal Revision Case has been filed seeking to set aside the judgment dated 07.12.2021 in Crl.A.No.66 of 2018, on the file of III Additional District and Sessions Judge, Coimbatore, confirming the 1/4

conviction and sentence in the judgment dated 24.03.2016 made in Coimbatore.

2. When the matter is taken up for hearing, the Learned Counsel for both the parties submitted that the matter has been settled before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras on 01.12.2022 and the amount has been settled between the parties and the mediation report has also been filed before this court.

3. Further, it is submitted that the petitioner/accused had deposited a sum of Rs.75,000/- before the Judicial Magistrate, Fast Track Court No.I, Coimbatore in C.C.No.86 of 2012, at the time of suspension. Therefore, the respondent/complainant may be permitted to withdraw the above said amount before the Trial Court.

4. Considering the submissions of the Learned Counsel for both the parties that the matter has been settled between the parties and the cheque amount has been returned by the accused persons and the offence has been compoundable offence and the complainant has no objection in allowing this 2/4

revision petition.

5. Accordingly, this Criminal Revision Petition is allowed. The sentence and conviction imposed by the Judicial Magistrate, Fast Track Court No.1, Coimbatore is hereby set aside. The respondent/complainant is permitted to withdraw a sum of Rs.75,000/- deposited by the petitioner/accused in Coimbatore, on proper application. The Mediation Settlement Agreement dated 01.02.2022 shall form part of this order. Consequently, connected Miscellaneous Petitions are closed.

03.01.2023 Index : Yes/No.

Internet :Yes/No.

bsm To

1. The III Additional District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate, Fast Track Court No.1, Coimbatore. V.SIVAGNANAM, J.

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